26th September 2018. Question to The Hon. Niall Blair on the future viability of NSW animal agriculture.

Rural media is reporting that farmers are having serious difficulty sourcing hay for their sheep and cattle due to the ongoing drought. In one instance a farmer accidentally killed his sheep by feeding them excessive amounts of grain in an attempt to make up for the lack of pasture. Alternative feed such as watermelons and potatoes are being offered to feed hungry animals, with serious concerns about nutritional deficiencies, and animal health and welfare. Given that there is no end in sight for this drought, and with climate change indicating more frequent and prolonged droughts, is the Minister’s department preparing a strategy for farmers who will need to abandon animal farming in areas where it will no longer be environmentally or economically viable?

THREATENED SPECIES CHILDREN’S ART COMPETITION 2017

On Threatened Species Day 2017, I was privileged to host the Threatened Species Day Children’s Art Competition. This is an amazing event which has grown by 250% since last year. It is exciting to see the connection children have with individual animals and their right to a free life in this world. Interestingly, ever piece of art I saw showed animals in the natural habitat, free from the bars of zoos and cages of captivity. To commend the event and congratulate the winners and organisers I gave a Notice of Motion to the House which was unanimously agreed to.

Children have an inspiring connection with animals and this is a trait that must be nurtured into adulthood so that we can have a better life for ALL.

That this House commends Forestmedia Network Incorporated for facilitating the 2017Threatened Species Children’s Art Competition, which helps children unleash their artistic creativity while learning about the extinction crisis facing our native plants and animals; and which aims to encourage the next generation of environmental leaders.

That this House acknowledges that with more than 1,000 species now threatened in New South Wales alone, environmental leaders have never been more needed.

That this House congratulates the organisers of the event held on Threatened Species Day at Parliament House: Lorraine Bower, Susie Russell, Lindie Ward, Penny Walton, Stephanie Knox, Jenny Ellyard, Jenny Symons and Bri gid Dowsett.

That this House thanks the Hon. Gabrielle Upton, MP, Minister for the Environment, Minister for Heritage , and Minister for Local Government, and Dr Mehreen Faruqi, MLC, for their attendance and contributions to the discussion.

That this House notes:

entries to the 2017 competition have grown by 250 per cent, with more than 1,600 children entering, involving 68 schools and 14 other programs;

the quality of the artistic work was inspiring and it is a testament to the future environmental leaders concerns for the future of our unique threatened species of flora and fauna—a future where they may never be able to see their chosen species in the wild, or see it at all;

two exhibitions are being held—one at Surry Hills from 9 to 23 September 2017 and one in the open space at the Botanic Garden from 15 to 29 September 2017; and

WILD LAW

Wild law, also known as Earth jurisprudence, extends the Western understanding of governance which focuses solely on human interests to include the concept of governing for the benefit of the whole Earth and its inhabitants. Wild law is Earth-centric rather than anthropocentric. Animals, plants, waterways and ecosystems have intrinsic rights to exist and flourish.

New Zealand, Bolivia and India are leading the way in formulating wild law that protects the right of natural systems in perpetuity.

Wild law is based on humankind’s most primeval understanding that we share our environment with all living beings, giving and taking in balance. The ancient lore of the Aboriginal peoples ensured that more than 1,000 generations thrived on this island continent without degrading natural ecosystems. However, within 250 years of European colonisation our environment has become severely damaged. Many plants and animals are at the brink of extinction, forests and grasslands are depleted, waterways have been poisoned and our reefs and mangroves are dying. Animal agriculture has polluted our groundwater, eroded our precious soils and destroyed vast tracts of native habitat.

The Western view of the environment sees an expendable resource for profit and pillage. For the sake of future generations, government must incorporate wild law into our regulatory framework.

How do we go about enshrining Earth jurisprudence into our laws?

The modern originator of wild law, academic lawyer, Cormac Cullinan, in his “A Manifesto for Earth Justice” proposed that ecosystems be given legal personhood with enforceable legal rights. There is precedence for giving non-humans legal personhood, with corporations being given legal rights to promote commerce and trade. If corporate personhood is required for healthy economies, then why not legal personhood for the protection of natural systems that ensure the very survival of the planet? Wild law is in the early stages of evolution as modern legal doctrine. The framework is little more than a philosophical basis for developing legislation, policies and environmental protection, but there are encouraging recent developments.

Australia was once a progressive nation. We were at the forefront of the growth of international human rights and the establishment of the United Nations. In the development of wild law, we are nowhere to be seen.

Bolivia is world leader in wild law, drawing upon their indigenous concept of Pachamama, which means Mother Earth, in the adoption of their 2009 constitution:

Pachamama is a living dynamic system made up of the undivided community of all living beings.

The Bolivian Constitution gives natural systems the right to live, biodiversity, clean water and air. In a landmark agreement between the New Zealand Government and the Iwi people, the Whanganui River was granted legal personhood. The river and tributaries become a single entity—Te Awa Tupua—with legal rights and interests overseen by guardians, including an Iwi elder. Following on from the New Zealand agreement, the High Court in India granted legal personhood to the Ganges and Yamuna Rivers, appointing three State officials as guardians. The judges wrote, “Ganga and Yamuna provide spiritual and physical sustenance.”

Wild law is the modern practice of an ancient knowledge that seeks to prevent us from wreaking our own destruction.

MEDIA RELEASE

I congratulate the Total Environment Centre for undertaking their year-long project “SOS Green Spaces” which maps threatened spaces in 70 locations across Sydney with detailed information about local trees, native species, and resident action groups.

The Baird and now Berejiklian Government is presiding over urban development on steroids. It will cause the destruction of vital areas of remnant habitat for rare and endangered animals and plants.

It seems obvious to point out that vegetation clearing in these areas would leads directly to animal deaths through habitat loss and consequent starvation and exposure to predation. Clearing for development is the single most important factor in the decline of wildlife in the Sydney region.

We are talking about a bio-region that contains endangered and vulnerable frog species, 54 vulnerable and 14 endangered bird species, 25 vulnerable and 3 endangered mammal species and 11 vulnerable and 2 endangered reptile species. In the forests of the sandstone plateau at least seven threatened ecological communities, 32 threatened resident animals and 100 threatened plant species are at risk of obliteration through development.

We must also remember the importance of providing resting, feeding and nesting places for migratory birds that are struggling to survive the loss of habitat as they undertake their journeys around the world.

Once a green space is gone, it’s gone forever and animals will disappear. It is a shocking legacy for our generation to bequeath to future generations who will rightly condemn our greed and short-sightedness.

In the first week back to NSW Parliament for 2017 Mark questioned the Minister on what the government is doing to alleviate the suffering of heat stress in cattle.

We know climate change is real, its happening, and while some argue the cause of climate change, the innocent animals are suffering. The root cause of this suffering is the exploitation and commodification of individual beings. As animal agriculture continues to expand, unaccountable to its adverse impacts, the planet and the animals that inhabit it will suffer.

During the weeks leading up to this NSW suffered some of its highest temperatures on record. Cattle penned up in feed-lots and in dairies were greatly affected, in one of the worst cases reporting up to 40 dairy cows dying from heat related suffering. It is understood at least two other farms each suffered 15 or more deaths.

HEAT STRESS IN CATTLE

The Hon. MARK PEARSON: My question is directed to the Hon. Niall Blair, Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry.

Given that the New South Wales Government recognises that climate change means that farmers will need to adjust to prolonged periods of high temperatures during the summer months, what steps is the Minister’s department taking to ensure that the recent prolonged suffering and death from heat stress of 40 dairy cattle at Shoalhaven does not become a regular occurrence in our paddocks and cattle and sheep feedlots, in particular where this occurred due to the failure to provide adequate shelter?

The Hon. NIALL BLAIR: I thank the Hon. Mark Pearson for his question. I am sure that he had a good holiday, like the rest of us. He had plenty of time to fly his drone, no doubt. I hope he is well rested. I hear that he has not yet finished. I thank him for his question. I know that issues in relation to how stock handle extremes of temperature, including heat stress, is something that is managed by a lot of private businesses in our primary industries. In relation to the dairy that the Hon. Mark Pearson spoke about, I will take the question on notice and come back to him with a detailed answer. Given the nature of the question and given the timelines he spoke about, I am sure that there will be ongoing investigation. It would not be helpful for me to make comments while an investigation is being undertaken so I will take the question on notice and come back to him.

Mr Jeremy Buckingham: Point of order: The question from the Hon. Mark Pearson clearly mentioned climate change, which is a very serious issue and an issue of interest to people across New South Wales as well as honourable members. So far the Minister has not mentioned climate change in his answer. It is pertinent. It is central to this issue, and I would ask that the President direct the Minister to be relevant to the question that was asked.

The PRESIDENT: Order! I ask Mr Jeremy Buckingham to be seated. That is not a point of order by any stretch of the imagination. Mr Jeremy Buckingham should not use points of order as an opportunity to make debating points. The Minister was being generally relevant, and he will be heard in silence.

The Hon. NIALL BLAIR: Before I take this question on notice and come back to the Hon. Mark Pearson I just make the observation that any person who would use the death of stock like this as some sort of political stunt in this Chamber, as Mr Jeremy Buckingham has just done, is an absolute disgrace. The Hon. Mark Pearson asked about—

Mr Jeremy Buckingham: You’re a disgrace, mate. People are going to the wall and you won’t even say the words “climate change”. You’re a fool.

The PRESIDENT: Order! I remind Mr Jeremy Buckingham that it was not my intention to call honourable members to order in this first question time. I ask that Mr Jeremy Buckingham allow the Minister to finish his answer in silence. The Minister has the call.

The Hon. NIALL BLAIR: We all know that the Hon. Mark Pearson is passionate when it comes to animal welfare. He has asked a genuine question. I was showing the member’s question the respect that it deserved, and I was going through it and answering the substantive part of the question. The stunt that Mr Buckingham has just pulled is something that every member of this House should stand up and condemn him for.

Mr Jeremy Buckingham: You pulled the stunt, Mate.

The Hon. NIALL BLAIR: To use the death of stock and the loss of livelihood of a primary producer for a political stunt on climate change is nothing but a disgrace. If the rest of his colleagues had the respect to come to question time and to actually sit through this then I am sure they would be absolutely disgusted as well. He is a disgrace—using an unrelated topic to make a point like this.

Mr Jeremy Buckingham: They are disgusted by you, mate. Thousands are farmers are going to the wall. The Minister is an absolute dinosaur and a fool.

The PRESIDENT: Order! I will not tolerate Government Ministers, Government members, Opposition members or crossbench members yelling at each other across the table. It is clearly disorderly. It is not something that I will accept. I ask that the Minister direct his answer through the Chair. Does the Minister have anything further to add?

The Hon. NIALL BLAIR: Getting back to the substantive part of the question, I thank the Hon. Mark Pearson for his question. I will take it on notice and come back to him with as much information as possible in due course.